Statute · California Probate Code

Cal. Prob. Code § 3141 — Hearing and Order

Cal. Prob. Code § 3141

Type
Statute
Source
California Probate Code
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the spouse shall be produced at the hearing unless unable to attend the hearing.

Citator

Cal. Prob. Code § 3141 — Hearing and Order is in force in the current edition of the Code, and nothing recorded condemns it.

(a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the spouse shall be produced at the hearing unless unable to attend the hearing.

(b) If the spouse is not able to attend the hearing because of medical inability, such inability shall be established (1) by the affidavit or certificate of a licensed medical practitioner or (2) if the spouse is an adherent of a religion whose tenets and practices call for reliance upon prayer alone for healing and is under treatment by an accredited practitioner of the religion, by the affidavit of the practitioner.

(c) Emotional or psychological instability is not good cause for absence of the spouse from the hearing unless, by reason of such instability, attendance at the hearing is likely to cause serious and immediate physiological damage.